IN THE

TENTH COURT OF APPEALS

No. 10-16-00347-CV

IN THE INTEREST OF K.W., D.W. AND K.W., CHILDREN

From the 77th District Court

Limestone County, Texas

Trial Court No. CPS-275-A

ABATEMENT ORDER

This is an appeal from an order terminating parental rights to children. It is an

accelerated appeal with extremely short deadlines promulgated by the Supreme Court of 

Texas, see TEX. R. APP. P. 28.4; TEX. R. JUD. ADMIN. 6.2(a), reprinted in TEX. GOV'T CODE 

ANN., tit. 2, subtit. F app. (West 2013). This appeal has been delayed too long due 

primarily to the failure of the court reporter to timely provide a complete and accurate 

record.

The reporter's record in this appeal was originally due on October 31, 2016. We 

had difficulty in obtaining the reporter’s record from the reporter. On December 21, 2016,

when our efforts to obtain the reporter’s record had failed, we abated this appeal to the 
In the Interest of K.W., D.W. and K.W., Children Page 2

trial court to determine, among other things, a date certain when the reporter’s record 

would be filed. After the trial court’s hearing, we finally received what was represented 

to be the complete reporter’s record on December 29, 2016. As we later were informed, 

the record was not complete.

Appellant has filed a motion requesting this Court to order the reporter to file a 

corrected record because:

1. Volume 4 of the reporter’s record containing testimony from October 13, 

2016, lists 4 witnesses, but the following pages contain only the incomplete 

testimony of the first listed witness; and

2. Volume 5 of the reporter’s record contains testimony from October 17,

2016, lists 4 witnesses, but the following pages contain only the incomplete 

testimony of the first listed witness.

It is the joint responsibility of this Court and the trial court to ensure that the 

appellate record is timely filed. TEX. R. APP. P. 28.4(b), 35.3(c). Further, this Court may 

enter any order necessary to ensure the timely filing of the appellate record. Id. 35.3(c). 

Because appeals in parental termination cases are accelerated appeals with extremely 

short deadlines promulgated by the Supreme Court of Texas, see TEX. R. APP. P. 28.4; TEX.

R. JUD. ADMIN. 6.2(a), reprinted in TEX. GOV'T CODE ANN., tit. 2, subtit. F app. (West 2013), 

we cannot further delay in ensuring that the appellate record is timely filed.

We cannot stress enough how important it is to receive a complete and accurate 

record in a timely manner in appeals of the termination of parental rights. Thus, instead 

of directing the reporter to correct the reporter’s record, we again ABATE this appeal to 
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the trial court which is ORDERED to hold a hearing as soon as practicable, but not later 

than 7 days after the date of this Order to determine: 

1) why the reporter’s record that was filed on December 29, 2016 was 

incomplete; 

2) a date certain when a corrected reporter's record which includes the 

missing testimony described above can reasonably be transcribed into 

written form and filed in a manner that does not further delay the 

prosecution of this appeal or have the practical effect of depriving 

appellants of their right to appeal;

3) if the reporter should be held in contempt for failing to timely file a 

complete and accurate reporter’s record by the date previously due; and 

4) if the reporter’s record is lost or destroyed as defined and described by 

Texas Rule of Appellate Procedure 34.6(f), and if so, whether an appropriate 

remedy can be utilized so that appellants may timely pursue the merits of 

the appeal or whether a new trial will be required.

The trial court must order Jonette C. Jackson to file the corrected record by the date 

determined. Further, the trial court must inform Jackson of the consequences of failing 

to file the corrected record by the date determined and ordered. Those consequences 

include:

(1) abating the proceeding yet again to the trial court for a contempt of court 

hearing;

(2) imposing a lump sum monetary fine;

(3) imposing a daily fine for each day the record is late beyond the date 

previously determined by the trial court; and

(4) confinement in jail until the record is completed.

The trial court shall require the hearing to be transcribed by the court’s official 
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court reporter. To the extent necessary or pertinent to obtaining compliance with the 

rules regarding preparation of the reporter's record, the trial court must: (1) prepare 

findings of fact and conclusions of law addressing the above issues; (2) require the 

preparation of a supplemental clerk's record containing its findings of fact and 

conclusions of law and all orders it may issue as a result of its hearing in the matter; and 

(3) require the preparation of a reporter's record transcribing the evidence and arguments 

presented at the aforementioned hearing. Additionally, the trial court's findings and 

orders must be provided to the trial court clerk within 7 days from the date of the hearing.

The trial court clerk is ORDERED to prepare and file a supplemental clerk's record 

containing the written findings and orders of the trial court in this Court within 14 days 

from the date of the hearing.

Further, the trial court's official reporter is ORDERED to prepare and file with the 

Clerk of this Court a record of the hearing held within 14 days from the date of the 

hearing.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Appeal abated

Order issued and filed February 1, 2017